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REPUBLIC ACT NO.

9745
AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING
TREATMENT
OR PUNISHMENT AND PRESCRIBING PENALTIES THEREFOR
SECTION 1. Short Title.- This Ad shall be known as the Anti-Torture Act of 2009.
SEC. 2. Statement of Policy.- It is hereby declared the policy of the State:
(a) To value the dignity of every human person and guarantee full respect for human rights;

(b) To ensure that the human rights of all persons, including suspects, detainees and

prisonersare respected at all times; and that no person placed under investigation or held in

custody ofany person in authority or, agent of a person authority shall be subjected to

physical,psychological or mental harm, force, violence, threat or intimidation or any act that

impairshis/her free will or in any manner demeans or degrades human dignity;


(c) To ensure that secret detention places, solitary,incomm unicado or other similar forms of
detention, where torture may be carried out with impunity, are prohibited; and

(d) To fully adhere to the principles and standards on the absolute condemnation

andprohibition of torture as provided for in the 1987 Philippine Constitution; various

internationalinstruments to which the Philippines is a State party such as, but not limited to,

theInternational Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights

of theChild (CRC), the Convention on the Elimination of All Forms of Discrimination Against

Women(CEDA W) and the Convention Against Torture and Other Cruel, Inhuman or

DegradingTreatment or Punishment (CAT); and all other relevant international human rights

instrumentsto which the Philippines is a signatory.


SEC. 3.Definitions.- For purposes of this Act, the following terms shall mean:

(a) Torture refers to an act by which severe pain or suffering, whether physical or

mental, isintentionally inflicted on a person for such purposes as obtaining from him/her or a

thirdperson information or a confession; punishing him/her for an act he/she or a third

person hascommitted or is suspected of having committed; or intimidating or coercing

him/her or a thirdperson; or for any reason based on discrimination of any kind, when such

pain or suffering isinflicted by or at the instigation of or with the consent or acquiescence

of a person in authority
or agent of a person in authority. It does not include pain or Buffering arising only from,
inherent in or incidental to lawful sanctions.

(b) Other cruel, inhuman and degrading treatment or punishment refers to a deliberate

andaggravated treatment or punishment not enumerated under Section 4 of his Act,

inflicted by aperson in authority or agent of a person in authority against a person under


his/her custody,which attains a level of severity causing suffering, gross humiliation or

debasement to the latter.

(c) Victim refers to the person subjected to torture or other cruel, inhuman and

degradingtreatment or punishment as defined above and any individual who has suffered

harm as aresult of any act(s) of torture, or other cruel, inhuman and degrading treatment or

punishment.

(d) Order of Battle refers to any document or determination made by the military, police

orany law enforcement agency of the government, listing the names of persons

andorganizations that it perceives to be enemies of the State and that it considers as

legitimatetargets as combatants that it could deal with, through the use of means allowed

by domesticand international law.


SEC. 4. Acts of Torture.- For purposes of this Act, torture shall include, but not be limited
to,
the following:

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority

oragent of a person in authority upon another in his/her custody that causes severe

pain,exhaustion, disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, head banging, punching, kicking, striking with truncheon or rifle butt
or
other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and
other
stuff or substances not normally eaten;
(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing

ofpepper or other chemical substances on mucous membranes, or acids or spices directly on

thewound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit,
and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or
rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear,

tongue, etc.;

(9) Dental torture or the forced extraction of the teeth;


(10) Pulling out of fingernails;

(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a

person, such as:

(i) The administration of drugs to induce confession and/or reduce mental competency; or

(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

(14) Other analogous acts of physical torture; and

(b) Mental/Psychological Torture refers to acts committed by a person in authority or

agentof a person in authority which are calculated to affect or confuse the mind and/or

undermine apersons dignity and morale, such as:


(1) Blindfolding;
(2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other
wrongful
acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a show trial, public display or public humiliation of a detainee
or
prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another,
creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a persons family;
(8) Causing the torture sessions to be witnessed by the persons family, relatives or any
third
party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places,
shaving the victims head or putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family;
and
(12) Other analogous acts of mental/psychological torture.
SEC. 5.Other Cruel, Inhuman and Degrading Treatment orPunishm ent.- Other cruel,
inhumanor degrading treatment or punishment refers to a deliberate and aggravated
treatment orpunishment not enumerated under Section 4 of this Act, inflicted by a person
in authority oragent of a person in authority against another person in custody, which attains
a level ofseverity sufficient to cause suffering, gross humiliation or debasement to the
latter. Theassessment of the level of severity shall depend on all the circumstances of the
case, includingthe duration of the treatment or punishment, its physical and mental effects
and, in somecases, the sex, religion, age and state of health of the victim.
SEC. 6. Freedom from Torture andOther Cruel, Inhuman and Degrading Treatment or
Punishment, An Absolute Right.- Torture and other cruel, inhuman and degrading
treatment or
punishment as criminal acts shall apply to all circumstances. A state of war or a threat of
war,internal political instability, or any other public emergency, or a document or
anydetermination comprising an order of battle shall not and can never be invoked as
ajustification for torture and other cruel, inhuman and degrading treatment or punishment.
SEC.
7.Pr ohibited
Detention.-
Secret
detention
places,
s
olitaryconfinement,incomm unicado or other similar forms of detention, where torture may
becarried out with impunity are hereby prohibited. In which case, the Philippine National
Police